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About the Authors | |
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Acknowledgments | |
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Introduction | |
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The Trade Secrets of Boutique Hotels | |
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Should You Be Reading This Book? | |
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The Scandalous Structure of This Book | |
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The Basics | |
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Trade Secrets-The Basics | |
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Apache Helicopter Airstrikes and Lady Gaga | |
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An Introduction to Trade Secrets | |
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Trade Secrets-Definition and Four Famous Examples | |
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Information | |
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Secrecy | |
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Value | |
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Reasonable Efforts | |
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Trade Secret Theft: Defining "Misappropriation" | |
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Remedies for Trade Secret Misappropriation | |
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Nonmonetary Relief | |
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Monetary Relief | |
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Criminal Trade Secret Law | |
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Trade Secrets vs. Patents: When Trade Secrets Are the Best Strategy and When They're Not | |
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Summarizing Trade Secret Law | |
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Trade Secrets in Context: Why Trade Secrets Are Increasingly Important to Businesses, Employees, and the Economy | |
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The Customer List in the Age of Google, LinkedIn, and Facebook | |
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The Evolving Technologies, Social Norms, Politics, Economics, and Dozens of Other Factors That Shape the Use and Misuse of Trade Secrets | |
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Trade Secrets Were Slow to Develop, Quick to Proliferate | |
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New Technology | |
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Employee Mobility and Attitudes | |
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Increasing Value | |
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The Flexible (and Expanding) Scope of Trade Secret Law | |
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The Future of Trade Secrets | |
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Four Keys to a Successful Trade Secret Strategy | |
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Key No. 1: How to Recruit, Hire, Train, and Terminate Employees | |
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Mr. Chang�s $200 Million "Resignation" | |
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Employees Are the Primary Source of Trade Secret Misappropriation | |
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How to Recruit and Hire Employees | |
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Vet Applicants with an Eye Toward Trade Secret Protection | |
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Agreements with Incoming Employees | |
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Hiring from Competitors | |
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How to Train Employees | |
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How to Terminate Employees | |
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An Argument Against Doing Nothing | |
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How to Avoid a $200 Million Resignation | |
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Key No. 2: Information Security | |
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Founder of Alpha Mining Systems: "I was like the husband whose wife was getting it on the side" | |
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The Right and Wrong Lessons from the Tale of Alpha�s Plundering | |
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One Size Does Not Fit All | |
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Basic Protections for Information | |
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Limit Access to Information to Only Those Who Need It | |
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Place Legends on Documents and Files | |
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Implement an Information Tracking System | |
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Dispose of Information Properly | |
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Regulate Information That Must Leave the Company | |
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Encourage Reporting of Violations and Investigate and Punish Violations | |
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Basic Protections for Electronic Information | |
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Non-memorialized Data | |
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Rules for Receiving Trade Secrets from Outsiders | |
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Government Liaisons | |
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Information Security Should Not Be Static | |
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Key No. 3: Physical Security | |
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A Business Feud Turns Toxic | |
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The Non-digital World of Break-Ins and Dumpster Diving | |
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Securing Physical Confidential Information and the Facilities That House Such Information | |
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Be Wary of Visitors | |
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A Closing Note About Employee Resistance | |
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Key No. 4: Agreements to Protect Trade Secrets | |
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Dampening the Aloha Spirit | |
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The Importance of Written Agreements | |
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Confidentiality and Invention Assignment Agreements with Employees | |
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Confidentiality Agreements with Outsiders | |
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Parties That Refuse to Sign Confidentiality Agreements | |
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Noncompetition and Nonsolicitation Agreements | |
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Confidentiality Agreements Protect Against Most Threats | |
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Trade Secrets in Practice | |
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Investigating Suspected Trade Secret Theft | |
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Informix to Commuting Oracle Employees: "Caution: Dinosaur Crossing" | |
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Avoiding Informix's Fate | |
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Act Immediately in Response to Suspected Trade Secret Misappropriation | |
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Attorneys Should Direct the Investigation | |
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Conducting a Trade Secret Investigation | |
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Gathering Information | |
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Interviews | |
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Monitoring | |
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The Investigation Is Over. Now What? | |
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Do Nothing | |
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Fix the Leak | |
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Talk to the Alleged Misappropriator | |
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Send Letters | |
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Alternative Dispute Resolution | |
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File a Civil Lawsuit | |
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Notify Law Enforcement | |
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Look First, Leap Second | |
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Knowing What You've Got and Whether You're Doing Enough to Protect It: A Trade Secret Audit | |
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An "Information Addict" Misappropriates $400 Million in DuPont�s Trade Secrets | |
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A Trade Secret Audit Defined | |
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To Audit, or Not to Audit? | |
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The Audit Team | |
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The Content of a Trade Secret Audit: Identifying the Company's Trade Secrets, Their Location, Their Value, and What Is Being Done to Protect Them | |
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The Audit Report | |
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Acting on the Audit Report | |
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Audit, Report, Then Repeat (a Few Years Later) | |
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Trade Secret Litigation: What to Expect When You're Litigating | |
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Night Raids and an Accidental "Confession" in the Case That Wouldn't Die | |
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Working with Counsel | |
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Early Decisions in Trade Secret Litigation | |
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Important Trade Secret Litigation Lessons If You Are the Victim | |
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Don't Pretend Everything Is a Trade Secret | |
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Coordinate Litigation Strategy with Non-litigation Conduct | |
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Expect the Accused to Go on the Offensive | |
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Consider the Impact on Customers, Suppliers, and Other Stakeholders | |
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Identify and Remember Your Goals | |
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Important Trade Secret Litigation Lessons If You Are the Accused | |
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Don't Make the Situation Worse | |
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It Will Not Go Away Because You Ignore It | |
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Don't Allow the Plaintiff to Rely on Vague Descriptions of Its Trade Secrets | |
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Conduct Your Own Investigation | |
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Don't Wait to Take Appropriate Action-Be Proactive | |
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The Company That Ignores Trade Secrets Does So at Its Peril | |
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Appendix A-List of Case Studies | |
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Notes | |
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Index | |